MAR-GS-2010 16:32 AHCA Mar 9 2010 19288 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO, 2007-20872 CANDACE RENEE COLELLA, D.M.D, RESPONDENT. _ ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against Respondent, Candace Renee Colella, D.M.D., and in support thereof alleges: 1. Petitioner is the State Department charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN 14724. 3. Respondent's address of record is 4403 West Hillsboro Boulevard, Coconut Creek, Florida 33074. P.@a/12 Go-¢t-b MAR-G9-2618 16:32 AHCA Mar 9 2010 es P.a4/12 4. Respondent provided dental treatment to Patient M.S. from on or about March 22, 2005, through on or about August 4, 2005. 5. On or about March 22, 2005, Patient M.S. presented to Respondent. Patient M.S. presented with an edentulous maxillary and several natural mandibular teeth. Respondent took a dental and medial history. The medical history form contains a medical updates section for subsequent treatment dates which is entirely blank. 6. On or about March 22, 2005, Respondent performed a clinical and radiographic examination. Respondent formulated a treatment plan which included endodontic therapy on tooth number 21; extraction of tooth number 31, caries removal on teeth numbers 22, 23, 27, and 30; and the fabrication of a new upper complete denture. 7. Respondent's treatment records dated March 22, 2005, note that . the Respondent took a full series set of radiographs. 8. The March 22, 2005, radiographs taken by Respondent do not include the entire apices and root structures, or the surrounding tissue of tooth number 31. Further, the radiographs fail to reflect the location of the remaining root tip of tooth number 31 in relation to the inferior alveolar JA\PSLA\Medical\Dentist\David Plynn'Admin Complaints\ACs O7NOVORColelia(x)\(m)( extraction), doc -2- MAR-@9-2618 16:33 AHCA Mar 9 2010 15344 nerve. Moreover, the radiographs do not reflect the entire mandibular jawbone. 9, Patient M.S. presented back to Respondent to begin and continue with Respondent's treatment plan on or about April 12, 2005; May 16, 2005; June 15, 2005; June 20, 2005; July 7, 2005; and August 4, 2005. On each date Patient M.S, was treated. The Respondent documented in Patient M.S, chart, on or about April 12, 2005, that Patient M.S.'s medical history was updated and that there were no changes. However, on every other treatment_date, Respondent failed to.update Patient M.S/s..medical history and/or document the update in Patient's M.S/s chart or the form titled “Dental and Medical Histories-Update.” 10. On or about August 4, 2005, Patient M.S. presented back to Respondent for extraction of tooth number 31 and restoration of her decayed bridge spanning from teeth numbers 28-30. During preparation of tooth number 30, Patient M.S. elected to have tooth number 30 extracted also. 11. On or about August 4, 2005, before extraction of tooth 30 and 31, Respondent took a periapical radiograph. The radiograph did not reflect the entire apices and root structure or the surrounding tissues of tooth number 31. JAPSU\Medical\Dentistry\David Flynn\Admin ComplaintssAC's OTNOVO8\Colella(x)(m)(extraction).doc -3- P.@5/12 MAR-@9-2618 16:33 AHCA Mar 9 20100 1524S 12. On or about August 4, 2005, Respondent extracted Patient M.S.s | toath number 31 without taking an adequate radiograph to reflect the entire root structure. Respondent then proceeded to extract tooth number 30. However, during extraction complications arose and Respondent referred Patient M.S. to an oral surgeon due to the possibility of a fractured mandibular jawbone. Patient M.S. presented to an oral surgeon who confirmed that the mandibular jawbone was fractured. Patient M.S. did not present back to Respondent. —__-13,—The -prevailing- standard_of-care_in-diagnosis-and-treatment when measured against generally prevailing peer performance requires a dentist when extracting mandibular molar teeth to take an adequate diagnostic radiograph which displays the entire apices of teeth to be extracted and their immediate surrounding tissue. It is imperative to take the appropriate radiograph to formulate a diagnosis that impacts clinical decisions made preoperatively and intraoperatively. Additionally, it Is imperative to take the appropriate radiograph that reflects the relation of the roots to the inferior alveolar nerve to ensure the appropriate operative procedures to minimize the risk associated. with damaging the nerve. JAPSUtMedical\DentistrADavid Flynm Admin Complaints\ac's OTNOVOS'Coiella(x)(m)(extraction).doc -4- P6712 MAR-PS-21A 16:78 ancA Mar 9 2010 15:45 COUNT I: STANDARD OF CARE 14, Petitioner re-alleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 15. Section 466.028(1)(x), Florida Statutes (2005) provides that “[b]eing guilty of incompetence or negligence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance, including, but not limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified —bytraining—er -experience—orbeing_guilty.. of_dental malpractice[,]” shall constitute grounds for disciplinary action by the Board of Dentistry. 16. Respondent failed to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance by extracting, on or about August 4, 2008, Patient M.S.s tooth number 31 without taking an adequate diagnostic radiograph which reflected the entire root structure/apices and the surrounding tissue. 17. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2005), by being guilty of incompetence or negligence by failing to meet the minimum standards of performance in JAPSU\Medical\Dentistry\Devie Flynn Admin ComplaintaaCs OTNOVORColella(x)(m)(extraction).doc -5- Parle MAR-@9-2618 16:34 AHCA Mar 9 2010 To4S diagnosis and treatment when measured against generally prevailing peer performance, including, but not limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified by training or experience or being guilty of denial malpractice. COUNT II: RECORD KEEPING 18. Petitioner re-allages and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 19. Section 466.028(1)(m), Florida Statutes (2004-2005), provides that “[fJailing+o-keep -written.-dental_records_and_.medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken[,]” constitutes grounds for disciplinary action by the Board of Dentistry. Rule 64B5-17.002, Florida Administrative Code, further provides that a dentist shall maintain written records on each patient which written records shall contain, at a minimum, the following information about the patient: 1) Appropriate medical history; 2) Results of clinical examination and tests conducted, including the identification, or lack thereof, of any oral pathology or diseases; 3) Any radiographs used for the diagnosis or treatment of the patient; JAPSU\Medical\Dentistry\David Flyna\Admin Complaints\AC's OPNOVOSIColella(x)(m)(extraction).doe -6- P8712 MAR-@9-2618 16:34 AHCA Mar 9 2010 19H 4) Treatment plan proposed by the dentist, and 5) Treatment rendered to the patient. 20. Respondent failed to keep written dental records and medical history records justifying the course of treatment of Patient S.I. in one or more of the following ways: 1) by failing on of about May 16, 2005 and/or june 15, 2005, and/or June 20, 2005 and/or July 7, 2005 and/or August 4, 2005, to take appropriate medical history by failing to update Patient M.S/s medical history with appropriate documentation in the dental treatment -pecords:_and/or2)-by_failing, enor about August, 2005,. to document an updated medical history before performing oral surgery. 21. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2004-2005), by failing to keep written dental records and medical history records justifying the course of treatment of the Patient. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees JAPSU\Medical\Dentistry\David Flynn Admin Complains\Ac's O7NOVOR\Colella(x)(m) extraction).doc -7- P.a@o/12 MAR-G9-2616 16:34 AHCA Mar 9 2010 15:46 P1612 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 19th __ day of September , 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Assistant General Counsel FILED ane DOH Prosecution Services Unit ATMENT OF A 4052. Bald Cypress Way, Bin C-65 eee nae Tallahassee, FL 32399-3265 OLER , Florida Bar No. 759511 __. ~ BATE : — _850.245.4640_ 850.245.4683 FAX pce: F/4/o& PCP Members: C44, WL, 74 NOTICE OF RIGHTS Respondent has the right to request 4 hearing to be conducted in accordance with Section 420.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF CcosTs Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. DOH v Candace R. Colella, DMD; Case # 2007-20872 JAPSU\Medieal\Dentistry\David FiyanAdmin Complaints\AC's OTNOVOS\Colellatxj(n)(extraction ). dos -8-

Docket for Case No: 10-008962PL